Following the dramatic testimony and painstaking consideration of the evidence in the trial of Colleen McKernan, a mistrial was announced by the judge last week. As TimesReporter.com reports, the determination came after a jury deadlock, prompting prosecutors and Defense Attorney Ian Friedman to return to court this week to discuss how to proceed with the case.
"The jury dealt with great human tragedy all around," Attorney Friedman told reporters after the mistrial announcement. "They obviously worked very hard, and I appreciate their service. This is a fight for Colleen that will continue into Round 2."
McKernan, 28, stands accused of murdering her husband Rob McKernan on New Years' Eve 2014. The couple was seen fighting at a party that night over Rob's attempted drug use before returning home. There, according to Colleen McKernan, Rob became violent, forcing her to defend herself. Rob was shot 10 times. Colleen called 911 and attempted CPR on her husband before the authorities arrived.
While prosecutors focused on the physical evidence left in the house, Attorney Friedman brought a greater scope and context to the narrative, asserting that Colleen was not a murderer, but a wife who feared for her life. None of the physical evidence, he also asserted, could prove that Rob McKernan was not the aggressor that night.
When a mistrial occurs, a new trial must be conducted to make a determination of the charges. Both Attorney Friedman and prosecutors spoke with the jury last week following the mistrial, which is customary. Moving forward, counsel must review what aspects of the case created conflict for the jury. Those aspects can then be addressed in the following trial.
Attorney Friedman will appear with Colleen McKernan in court this week to further discuss with a judge how to proceed with the case. We know that Attorney Friedman will resume his vigilant approach to this case and ensure that our client receives the consideration she deserves before the law.
If you or a loved one has been accused of a serious crime, then call the proven and award-winning Cleveland criminal defense lawyers at Friedman & Nemecek, L.L.C. today. Our firm continues to build on its reputation for dynamic, steadfast defense of the accused, even as they face the most serious of charges.
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